Docket No./ Date: 68/Feb. 24 - March 11, 1947, Yokohama, Japan

Charge: Violation of the laws and customs of war: 1. Did willfully and unlawfully mistreat and torture PWs by beating, kicking and forcing him to stand exposed to winter weather for several hours (specs 1,2). 2. Did willfully and unlawfully mistreat PWs by beatings (spec 3-5). 3. Did willfully and unlawfully mistreat torture and abuse PWs by beating, knocking down and striking (add. spec., Add. Charges)

Specifications: beating using among others club, stick, rifle, hands, fists; kicking; forcing PWs to stand exposed in winter weather for hours;

Verdict: 40 years CHL

Reviewing Authority's Recommendations: Accused beat and abused PWs for minor infractions such as stepping out of line during a march, for not marching on attention upon entering the factory where PWs work, for attempting to steal foodstuffs and for no reason at all (as shown by merely the listing of beatings).

Reviewing Authority: Accused did not testify on his own behalf; the Commander of the camp where accused was a civilian guard testified that there were only two instances where the accused was reported to have beaten PWs; the commander stated that he was not informed as to the other beatings by accused. Defense stipulated that in 86 other affidavits from the said camp, none mentioned atrocities committed by the accused: mistaken identity (?).

Prosecution Arguments: (Cannot Read Opinion) Reviewer recommends that only those findings as to specification 1, 2, 3, and 5 and the additional specification of the original charge be approved; and that only so much of the sentence as appropriate for those findings be approved. So, he recommends a reduction in sentence to 25 years.

Defense Arguments: (Cannot Read)

Judge Advocate's Recommendations: Lt. Col. Allan r. Browne, JAGD, recommended a total of 18 years confinement with these breakdowns: Such evidence as properly introduced in this case "is all that can be considered against the accused. Such evidence justifies approval of a sentence of four years for each conviction of the charges in specification 2...and the Additional specification; two years confinement for each conviction of the charges in specifications 1,3, and 5 is appropriate."